Error and/or relief
In this appeal from denial of resentencing under section 1172.75, we find that the court erred in concluding that he was not entitled to resentencing because the prior prison term enhancement had not been imposed.
First Holding:
In Rhodius, the court held that section 1172.75(a) applies to enhancements that were imposed as part of the defendant’s original judgment, regardless of whether the enhancement was stayed or executed.
If the enhancement is no longer authorized under the current version of section 667.5(b), section 1172.75(a) renders the enhancement invalid. And the retroactive invalidation of the previously imposed enhancements in turn mandates resentencing under section 1172.75, according to the procedures set forth therein.
Authority:
PEN 1172.75
People v. Rhodius (2025) 17 Cal.5th 1050, 1068
Second Holding:
In Espino, the court expanded on Rhodius to hold that an enhancement is imposed for purposes of section 1172.75 where the sentencing court strikes the punishment for the enhancement but not the allegation itself. The court explained that imposing a sentence on a criminal defendant has legal effect, and a true finding on a prior prison term allegation is a part of the sentencing order, even when the associated punishment is stricken.
It follows that, as a matter of ordinary usage, an enhancement included in the sentence in a criminal case may be imposed even if the punishment for that enhancement is stricken.
Here, because the jury’s true finding was neither stricken nor dismissed, it remained imposed within the meaning of section 1172.75. The order denying the defendant’s motion for resentencing is reversed and the matter is remanded for a full resentencing under section 1172.75(d), as well as for proceedings on any motion for relief under section 1465.9(d), which states that restitution fines greater than 10 years old must be vacated.
Authority:
PEN 1172.75
PEN 1465.9(d)
People v. Espino (2026) 20 Cal.5th 57
People v. Fuentes (2016) 1 Cal.5th 218, 225, [striking the punishment for an enhancement merely serves to prohibit a certain purpose for which the allegation may be used; it does not operate to defeat the factual finding of the truth of the allegation]